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FUND FOR ANIMALS v. U.S. BUREAU OF LAND MANAG.

No. 04-5359.

460 F.3d 13 (2006)

The FUND FOR ANIMALS, INC., et al., Appellants v. U.S. BUREAU OF LAND MANAGEMENT, et al., Appellees

United States Court of Appeals, District of Columbia Circuit.

Decided August 18, 2006.

Attorney(s) appearing for the Case

Howard M. Crystal argued the cause for appellants. With him on the briefs was Eric R. Glitzenstein.

Todd S. Aagaard, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was Katherine J. Barton, Attorney. Andrew C. Mergen, Attorney, entered an appearance.

Before: HENDERSON, RANDOLPH, and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Opinion concurring in part and dissenting in part filed by Circuit Judge GRIFFITH.

RANDOLPH, Circuit Judge.

The Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331-1340, directs the Secretary of the Interior to "protect and manage wild free-roaming horses and burros as components of the public lands." Id. § 1333(a). The Fund for Animals and others challenge the Bureau...

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